Whitlock v. Hause (In Re Hause)

MEMORANDUM ON FRAUDULENT CONVEYANCE

HAROLD LAVIEN, Bankruptcy Judge.

The Plaintiff in this proceeding, John L. Whitlock, Trustee of the Debtor, John W. Hause, d/b/a Hause Floor Co., seeks to set aside the Debtor’s conveyance of his interest in his home to his wife, Marie A. Hause. The Debtor and his wife, as tenants by the entirety, conveyed their interest in their home (hereinafter, the Property) to the Debtor’s wife, individually, on November 12, 1976. The Plaintiff seeks to set aside that transfer under 11 U.S.C. § 544(b) 1 on the grounds that the conveyance can be avoided under…